Administrative Law

1
Administrative Law

• The law concerning the powers and procedures of
  administrative agencies

2
Authority

• Administrative bodies are delegated authority in
  two ways
• 1. Congress delegates authority by statute.

• 2. The President delegates authority by
• executive order.

3
Federal Executive Agencies
4
An agency by any other name"What's in a name?
That which we call a roseBy any other word would
smell as sweet." --From Romeo and Juliet (II,
ii, 1-2)

• Division
• Board
• Commission
• Bureau
• Authority
• Office
• Department

EPA Building, Washington, D.C.
5
Agency functions may include,but are not limited
too.

• Promulgating regulations
• Adjudicating disputes
• Issuing Orders
• Issuing Decisions
• Issuing Advisory Opinions IRS
• Inspecting -- FDA
• Investigating FBI
• Prosecuting Justice Department
• Negotiating NLRA
• Settling EEOC
• Gathering data Census

6
Agencies

• Agencies generate a lot of information.
• Proposed Regulations
• Final Regulations
• Agency Decisions
• Publications and Forms
• Educational Resources
• How do we FIND what we seek?

7
Historical Background

• Prior to 1936, there was no official source for
  publishing regulations and rules. There was no
  way to determine if a proposed action was
  prohibited by an agency. Until
• Panama Refining Co. v. Ryan 293 U.S. 388 (1935)

An oil refinery
8
Federal Register Act of 1936

• Panama Refining Co. v. Ryan led to the creation
  of the Federal Register Act of 1936.
• . 1505. Documents to be published in Federal
  Register
• (a) Proclamations and Executive Orders
  Documents Having General Applicability and Legal
  Effect Documents Required To Be Published by
  Congress. There shall be published in the Federal
  Register -
• (1) Presidential proclamations and Executive
  orders, except those not having general
  applicability and legal effect or effective only
  against Federal agencies or persons in their
  capacity as officers, agents, or employees
  thereof (2) documents or classes of documents
  that the President may determine from time to
  time have general applicability and legal effect
  and (3) documents or classes of documents that
  may be required so to be published by Act of
  Congress. For the purposes of this chapter every
  document or order which prescribes a penalty has
  general applicability and legal effect.

9
This case triggered the following statutes.

• Administrative Procedure Act (1946)
• You have the right to view all proposed and final
  rules!
• www.regulations.gov
• Freedom of Information Act (FOIA) (1966)
• Agencies disclose information, including who to
  contact for information!
• Government in Sunshine Act (1976)
• Agencies must publish notices of meetings.
• Regulatory Flexibility Act (1980)
• Agencies publish semi-annual agendas.

10
Again, where can one FIND Federal Regulations?

• Federal Register (F.R.)
• Code of Federal Regulations (C.F.R.)
• Looseleaf Services
• Electronic Sources
• www.regulations.gov
• www.gpoaccess.gov
• www.westlaw.com

11
Federal Register

• Created in 1935 with The Federal Register Act
• Began publication on March 14, 1936
• Is Published Daily
• Has continuous pagination
• Includes
• All regulations of general applicability and
  legal effect .
• Proposed Rules
• Presidential Documents
• Notices
• More
• Indexed daily, monthly, annually

12
Code of Federal Regulations

• Congress provide for the systematic codification
  of and subject access to regulations in 1937.
  CFR was first published in 1938. But in 1967, CFR
  is issued annually in quarterly installments!
• Organized in 50 Titles that roughly correspond to
  USC
• Issued in different colors each year.
• Presidential documents always have a white spine.
• All regulations for a particular agency are
  published together.
• No annotations

13
Update the CFR

• CFR
• LSA
• www.gpoaccess.gov

14
Lets look at an example
Dolphin safe labeling standards
15
Tuna IndustryBackground Information
16
Dolphin Safe Fishing

• Purse seine net

One or two fishing boats carry the net to the
fishing ground. Once there, the net is lowered
into the water. A school of fish is then
surrounded by the net. Because the bottom of the
net is closed (pursed), the fish are trapped in
the net. Sardine, mackerel, boito, and tuna,
among other species, may be caught by this
method. Gill n
17
Getting started With a known cite

• Begin with
• Secondary sources law review articles, etc.
• For example, read about Tuna Labeling.
• Search for the Statute
• Code of Federal Regulations
• Find the entire regulation. The regulation will
  give you the citation to The Authority
• aka The Enabling Statute!
• Use Print, or electronic sources.
• i.e. Regulations Plus-www.westlaw.com

18
CFR

• The CFR includes the following information
• - Authority 16 U.S.C. 1385
• - Source 61 FR 27794
• - Regulations 50 CFR 216.90 et seq.

19
Getting started from scratch

• CFR Index and Finding Aids

20
CFR Index and Finding Aids

• Index - Look up agency name or other research
  terms in the Index
• List of Agencies In the back of each CFR volume
  there is a list of agencies.
• Scan List of CFR Titles, Chapters, Subchapters
  and Parts, in the Index
• Parallel Table of Authorities and Rules
• This table will help you find regulations when
  you have a statute.
• Use Parallel Table of Authorities and Rules to
  look up enabling statute

21
Update in the Federal Register

• Get date from front cover of CFR volume
• Most recent LSA (usually just one)
• Convert page number to FR date
• Federal Registers not covered by LSA
• Last issue for any month not covered by LSA
• Convert page number to FR date
• RegulationsPlus

22
Find the Statute

• Annotated Federal Code
• Find the Enabling statute. (This provides the
  legislative history line!)
• Find relevant Cases.
• Read the annotations for other ideas

23
Agency Decisions

• Administrative Agencies have a quasi-judicial
  role and issue opinions.
• Each agency publishes in a different source.
• Many are printed by the GPO in official
  publications
• Some are found in unofficial publications

24
How to find Agency decisions

• Blue Book, Table 1 has list of US Official
  Administrative Publications
• Annotated Code
• Lexis or Westlaw
• Regulations Plus!
• Check the web
• www.lib.lsu.edu/gov/fedgov.html
• www.infoctr.edu/fwl
• http//www.gpoaccess.gov/index.html

25
Sources of additional information on
Administrative Agencies

• The U.S. Government Manual available in print and
  online at www.gpoaccess.gov
• At Mercer in Print
• Federal Regulatory Directory
• Federal Agency Profiles for Students
• A Historical Guide to the U.S. Government

26
Judicial Review of Agency Decisions

• When an agency decision is appealed to the
  federal courts check, the usual places for case
  law and
• University of Virginias Law Library for
  information at
• www.law.virginia.edu

27
Administrative Law

• Any questions?
• Lets look at the Promo for Regulations Plus